Posts Tagged ‘technology’

Legal Technology

legal technology

is water fuel technology (with a very slight engine mod) legal in the uk??? (from Water4GasEurope.com)?

i know it works. i’ve been using it for ages and got a 33% increase in my mileage. and i know other people who have doubled their mileage and more.

I found dozens of sites put up by water4gas to advertise their product, including one called www.water4gasripoff.com (which, despite the name is a glowingly worded ad). I’ve found nothing that would seem to make it illegal. You could probably make good money installing for people.

Litigation Software Reviews

litigation software reviews

(NUBL) NuMobile Addresses Recent Analyst Report With ‘Speculative Buy’ and $0.13 Target PPS in 4th Quarter Preview …
FORT WORTH, TX–(Marketwire – 10/12/10) – NuMobile, Inc. (OTC.BB: NUBL – News ) has released an online presentation hosted by incoming CEO David Lee that is now available for on-demand review on the corporate website www.numobileinc.com . Webcast Hosted by Incoming CEO David Lee The Webcast provides corporate updates and addresses the recent analyst research report …

West Legal Ed

west legal ed

The Nigeria’s Interventionist Role In Liberian Crisis: An Examination Of Rpi Model

The Nigeria’s Interventionist Role in Liberian Crisis: An Examination of RPI Model

  Introduction To lead a multi–ethnic society while committed to democratic principles or norms is an uphill task. This is because incorporating several ethnic groups into a single political fold means bringing together the basic problem of ethnic conflict as well. Group loyalties dividing a multi – ethnic society can, and do, undermine a common identity, national culture or consensus on democratic values. Any government that could not effectively manage, accommodate and process the divergent, uncoordinated demands placed on it by the environment of conflicting ethnic strata with desired and expected output released to the environment, will be tenaciously experiencing call, clamour and struggle for replacement of existing structures which seem to be conflicting to the demands of the environment.

This perpetual clamour for change is a function of dissatisfaction experienced in the area of distribution of resources. It has been carefully noted that inaccessibility to, and uneven distribution of, scarce values is the master-cause of any conflict in any society, meagrely developed, developing or developed societies.

The regularity of conflicts in Africa has become one of the distinct characteristics of the continent. The conflicts are usually in the forms of inter-state and intra-state wars. While inter-state wars are usually aroused by border claims due to the presence of economic resources in the disputed areas; ideological differences; and leadership misperception, intra-state instability is often ignited by ethnic rivalry prompted by ethnic or sectional marginalization and exclusion from political power, Osaghae believes that the latter factors are better expressed as intra-elite class rivalry (1996; 98-102).

The implications of conflict situations in the region include genocide, wanton destruction of personal assets, infrastructures and refugee crisis. The level of destruction of conflicts in Liberia made external intervention a matter of humanitarian imperative. Since Liberia was undemocratic, it therefore lacked constitutional in–built mechanisms for conflict management. This necessitated external military involvement in resolving the crisis.

Nigeria’s interventionist role in the Liberian civil war was ideologically understandable within the ECOWAS organisational framework of the standing protocol relating to Mutual Assistance on Defence and in pursuance of her defined foreign policy demands. To understand Nigeria’s external involvement demands a critical analysis of the broad objectives of Nigerian foreign policy.

Objectives of Nigeria Foreign Policy

Foreign policy according to Reynolds is the “range of actions of government of a state in its relation with other bodies similarly acting on the stage supposedly in order to advance the nation’s interest” (1976). Evaluating this definition, it could be deduced that the foreign policy of a state involves not only interactions with other states but also relations with international non-state bodies, both government organizations and non-governmental organizations (NGOS). Rosenau sees foreign policy as “the authoritative actions which governments take or are committed to take, in order to preserve the desirable aspects of the international environment or alter its undesirable aspects” (1974:6). Kolawole (1997) also lends his voice when he insists that “a nation’s foreign policy orientation is informed by what is considered to be its national interest”.

Generally, the most potent instrument of gauging a nation’s foreign policy is its stated foreign policy objectives. Section 19 of the 1979 Nigerian constitution, saliently articulates its objectives as the defence of the country’s sovereignty; independence and territorial integrity; restoration of human dignity to Blackman all over the world; the creation of relevant political and economic conditions in Africa, promotion and improvement of the economic well–being of all Nigerian citizens; and promotion of world peace (Kolawole, 1997).

Of principal concern to Nigeria, from these objectives, are well–being of Nigerians; the imperative of justice for all, and a peaceful and secured world in which conflicts are resolved amicably. These aspiration values are prioritized by policy makers into three concentric circles. The narrowness of the circles denotes the nation’s security priorities, attitude and responses to foreign policy issues within Africa and the rest of the world. The inner–most circle has Nigeria. Nigeria’s neighbours and the West African sub –region occupy the second, while third layers belongs to other states in Africa (Buhari, 1984:2; Ajayi: 1998: 179).

This prioritisation implies that defence and security planners must be sensitive to the behaviour, capabilities and plans of countries that fall within these concentric securities boundaries.

The second circle, which has ECOWAS states, is strategic to Nigeria for a few reasons. One, Nigeria is a member of ECOWAS like Liberia. Therefore whatever happens to any of the members must be of keen interest to Nigeria. Two, it will be dangerous for the country to ignore any major crisis within the sub-region for its spill-over effects. Such effects can include the influx of refugees and the contagious nature of the crisis as events in Somalia, Rwanda, Burundi, Zaire and Congo Kinshasa have evidently shown. This stems from the ease with which conflict spreads in Africa. Three, any crisis in the sub-region will disrupt the realisation of the integrative economic goals of ECOWAS. Any prolonged conflict in the sub-region will constrain and stiffen the overall economic growth and development of individual state. Lastly, by its position in terms of economic status, military capability, ethnic pluralism, demographic capacity and preponderance, Nigeria occupies a leadership status in the sub-region. This constrains her from being a mere observer of events in the area. An examination of her roles in Liberia and Sierra-Leone will adequately reflect this prioritisation of objectives.   The Historical Survey of Liberian Crisis

One permanent attribute of nearly all African states is their multi-ethnic nature. Just like any other states of the continent, Liberia is noted for her multi-ethnic pluralism. Osaghae noted that Liberia comprises the two broad ethnic formations: the Americo-Liberians and the Natives which consist of ethnic groups like krahn, kpelle, kru, kissi, Bassa and De (1996:10).

The Americo-Liberians have been dominating the political sphere since independence in 1847. This is contradictory! One, they constitute just about 2.9% of the 1.5 million of the country’s population as computed in 1974 (Osaghae, 1996). Two, they are non-indigenous controlling the political and socio-economic structures of the state, which negates the principles of true independence as affirmed to. Three, Liberia seems to have gained independence since 1847 but her continuous domination by aliens has therefore given way to absolute marginalization of the natives not until the government led by President William Tolbert, an Americo-Liberian was revolted against by Samuel Doe.

Doe’s government was marked by arbitrariness and despotism to the extent that he later transformed himself to a civilian president in a fraudulent manner in an election that faced stiff opposition. Samuel Doe ruled Liberia in an oppressive manner. The situation became tense and unbearable culminating in civil war led by Charles Taylor in 1989. This marked the beginning of the fratricidal civil war in the country.

The war continued and became uncontrollable. “As the war progressed, and hardship increased, discipline broke down among the Armed forces of Liberia and rebel troops which began kidnapping foreign citizens indiscriminately” (Nwolise, 1992:58). “The ensued carnage, destruction to public property and danger posed to foreigners, aroused the attention of the international community” (Ajayi , 1998: 181).

Though the civil war took place in Liberia, the neighbouring countries felt the effect. Apart from the fact that foreigners were killed, the influx of refuges to countries like Sierra Leone, Ghana and Nigeria was highly noticeable. It is on this note that one shall look into the “involvement of the input of idea”, and the actual participation in the conflict resolution” by Nigeria. 

Nigeria’s Full Participation in Resolving the Crisis The conflict in Liberia became worrisome not only to the indigenes (Liberians) but also to the neighbouring nations and the whole continent. The involvement of Nigeria in “input of idea” in resolving the Liberia crisis has its root in the 13th session of the ECOWAS Authority of Heads of State and Government held on the 28th to 30th May, 1990 at the Gambia. According to Ajayi (1998:183-184), “President Babangida of Nigeria, canvassed for a community standing mediation committee to intervene in the Liberia dispute” the mediation committee comprises Nigeria, Ghana, Sierra Lone and Guinea as aspired by the Authority. This marked the birth of the “ECOWAS cease-fire Monitoring Group (ECOMOG) of which military contingents from members of the committee were drawn to restore and keep the peace in Liberia” (Ajayi, 1998).   As regards ECOMOG, the aforementioned countries according to their military strength and capability donated solders. This prompted Nigeria to have about 80% of the total composition of ECOMOG (Shanon and Ebrahim, 2000:14-15). Apart from this, the chief of staff, since inception, has been Nigerians. This might account for why Randall Robinson (1996) noted that “Nigeria is a great country, the hope of Africa. If Nigeria works, Africa will get there”. The success of ECOMOG in Liberia as led by Nigeria has proved the above postulation.

Thus the actual ‘participation in the conflict resolution’ began in August 1990. In the words of the Nigerian ex-president Ibrahim Babangida, “unless arrested, the carnage in that country (Liberia) would spill over to neighbouring countries, leading to external non-African intervention and we thereby decided to send out troops to participate in this laudable peacekeeping mission”(African Guardian, 1991:10).

The ex-president noted that Africa must not wait for the interventionist role from the international peace keeping force from such international organisation like UN before it tackles any problem within the region. Hence it is germane for African leaders to take appropriate initiative on the region’s problems.

One notable fact is that all Nigerian leaders usually realize the importance of peace in the sub-region. This was what prompted Babangida’s successor, Late General Sani Abacha to continue peace-keeping mission in the sub-region. To him, “the issue of peace in the West African sub-region should supersede the economic interest of individual states as there cannot be economic progress without peace in the region” (West African 1995: 586).

The Rationality, Power and Ideology (RPI) Model: A Conceptualisation and Operationalisation

The three key concepts of this model need be conceptualised and operationalised to help situate and put in contextual perspective the theme of the study. Rationality, power and Ideology interact in a complex process to shape public policy in any political system. Although, a lot of approaches have been developed and put forward to understand why government takes option A rather than B. Why it takes more of option B at the expense of option A. For instance, institutional approach was considered problem- explaining and problem-solving with the focus purely on the institutions of government as the major policy makers. Congress, the executive, the courts, and the bureaucracy represent the major institutions that address the issues of public policy. The institutional perspective, however, presents only one perception of policy making. Public policy creation can also be understood and viewed from other frames of reference. The institutional perspectives of policymaking has come of age, it has outgrown its usefulness and needs to be replaced; hence the development and consequent adoption of RPI model of policy making.

There are a number of policies made by the government. This, for the convenience and choice of this paper, shall be divided broadly into two, namely; domestic policies and foreign policies. The latter is the focus and concern of this study. The focus of this paper shall therefore be shifted to the three inputs of foreign policy making in Nigeria. There is certain interaction and interconnectedness, in a rather complex manner, among these three inputs in shaping foreign policy in Nigeria. It is germane therefore to define model in order to be familiar with the operational tools of analysis. What is a model?

A model has been defined as “an abstraction or representation of political life that serves to: 1. Order and simplify reality. 2. Identify what is significant. 3. Provide meaningful communication. 4. Direct research and, 5. Suggest explanations” (Thomas Dye; 1995; 40-41).  It is also conceptual frameworks or lenses to view a series of events” (Steven G. etals, 1998:11). Generally, a model is a guide to deal with reality. It captures the real features of reality. Model should however not be mistaken for reality. It is not a description of reality but a representation of it. It simplifies reality but reality is more complex. A good model should be consistent in producing results. Since model guides, it is therefore a simpler form of reality.

Having conceptualized model, it is important to operationalise the inputs of policymaking vis-à-vis foreign policy in Nigeria. Because of the divergence in foreign policy issues in Nigeria, the interest of this paper is shifted to Nigeria’s interventionist role in Liberia through ECOMOG.

RPI model departs from the traditional institutional focus as it examines the influences of three policy inputs. RPI model contends that the policy inputs of rationality, power and ideology influence the key actors of Nigeria foreign policy. Unlike institutional model, rationality, Power and ideology are dependent and co-ordinate, they interact with each other in a complex process to impinge on, and exert policy influence.

Rationality refers to the ability to assimilate and accept the presence of conflicting factors in a given situation. In a rational context of decision making, what happens is the constant process of moderating the biases and subjective disparity of the decision-maker by the ready introduction of appropriate information and willingness to use such information. Rationality encourages the use of experts who monitor programme effectiveness using rational techniques and make recommendations for periodic changes. Rationality involves objectivity and objectivity connotes the availability and usage of relevant and reliable data in formulating foreign policy.

Rationality lays emphasis on objectivity, technicality and cost–effect in defining one’s goals. The primary focus is cost and benefit. Corroborating this, a scholar has argued that “calculation and consideration of benefits, as well as costs, are important components of rationality. The rationality input relies heavily on empirical analysis and methodological tools such as statistics, scientific procedures and experimental        designs” (William; 1994). In the view of rationality, policy involves:

(i)                 goal setting

(ii)               Identification and listing of options / alternatives.

(iii)             Evaluation and

(iv)             Best choice

Policy can also be studied or viewed from the perspective of power. The key actors in this perspective are various interest groups, citizens, government and influential individuals who exert considerable influence on policy through lobbying, voting, shaping pubic opinion or contributing to political campaigns. Various groups interact in a complex way to influence policy output. Power input is linked to self-        interested actors who wish to acquire personal gains as contrasted to the rationality input that strives to maximize the collective benefit or benefits to all, for a given amount of resources.

Policy can also be viewed from the perspective of ideology. Ideology has power to change one’s perception of world because of its general acceptance, stability and normative tendencies. Its values have been acquired and accepted as norms which must be adhered to. It emphasises acceptance, faith without proof, belief without evidence. Ideology deals with belief systems that simplify complexity and shape views of how the world works (Steven et als, 1998).

A scholar has recaptured the end–product of ideology when he identifies three important senses of ideology “to refer to very specific kinds of beliefs, to refer to beliefs that are in some cases distorted or false and, to refer to any set of beliefs, covering everything from scientific knowledge, to religion, to everyday beliefs about proper conduct, respective of whether such beliefs are true or false “(Nicholas etal; 1988:118). Ideological input is associated with “emotional rewards rather than materials gains and with polarized environments involving many actors engaged in continuous debate” (Nicholas etal; 1988:118).

Rationality and the Nigeria’s Foreign Policy of Interventionist Role in Liberia through ECOMOG

If certain attributes of rationality include objectivity, technicality, expertise, availability of relevant and reliable data (information), cost–effect, etc, then, the motives behind Nigeria’s intervention in Liberia must             reflect these attributes. In evaluating, identifying and understanding this, we shall attempt to look at the practical factors that have motivated Nigeria’s intervention. Available evidence proves that Nigeria’s intervention is as a result of pursuance of its foreign policy objectives; objectives in this sense connote     ideology rather than rationality because it deals with, and centres on, emotion. Also, scholars have unveiled that salient factors which include “the carnage in the trouble spots is enough to evoke humanitarian feelings, Nigeria has multi-million dollar investments in petroleum and solid minerals in Liberia and president Samuel Doe, at that time, was a close friend of General Babangida, the then head of State” (Ajayi, 1989: 184). The first factor centres on the issue of humanitarianism which is ideological in nature, while the second is on economic/personal gains; the third is on both power and ideology.

The second reason being economic (investment) can be elaborated upon and issue of rationality drawn from it. In this regards, it leaves more questions than answers. Is the investment in Liberia commensurate with 1,000 lives that were lost, the psychological effect thereof and an estimated “$8billion” wasted on the prosecution of foreign war that was none of its making?” (Vanguard: 2003:11). What then is rational in the decision of Nigeria to give asylum to Taylor? Were Nigerian people consulted in form of opinion poll before Nigeria troops were sent to Liberia? Is there anything rational for a country that is inundated with, and characterised by, high external debt, poverty, inflation, religious bigotry, hike in petroleum products price, youth restiveness in the Niger Delta etc to scandal such a whopping amount of money in foreign land because of self- styled ideology?

We know that rationality has multiple bases (i) technical rationality (ii) economic rationality (iii) legal rationality and, (iv) social rationality. Considering legal rationality, Taylor should have been handed over to the international criminal court for trial. Out of these four multiple bases of rationality, Nigeria’s intervention could not be explained suitably if situated within the rationality perspective.

Power, Ideology and the Nigeria’s Interventionist Role in Liberian Crisis through ECOMOG

It has been saliently discovered that Nigeria has since been using more of power and ideology in its foreign policy approach. It is not that Nigeria has not applied rationality in any of its foreign policy approaches. After all, the cession of some communities and villages to Cameroon over Bakkassi Penisula is a decision that can be explained through legal rationality. But greater percentage of its foreign policy approaches could best be viewed through power and ideology. In talking of power, power can be divided into three viz: ruling class, power elite and pluralism.

The adherents of ruling class believe that a policy of government (be it domestic or foreign) is a reflection of the personal idiosyncrasies of the ruling class. The leading statement of such a structure was offered by Gaetano Mosca, who states that all societies break down to two classes: those who rule and those who are ruled. This type of class dominates the institutions of government, owns largest part of country’s wealth but has 0.5 to 1.0 percent of population of any country (Steven etal; 1998). Power elite belong to the group that commands the major institutional hierarchies and organizations of modern society: big corporations, government and the military. While pluralism is a situation where power and opportunity of wider participation are dispersed to individual groups.

Power emphasizes economic/personal gains while ideology is on emotions. The decision of the president to reinstate Sao Tome president is derived from ideological perspective of foreign policy objectives of Nigeria. Also, the decision to grant asylum to Taylor is explainable and understandable through the ruling class view of power. If it were pluralistic, Nigerian people would have been consulted and their views adopted as final and unchanged.

  Conclusion

Using RPI model, it could be deduced that the intervention stemmed from power and ideology rather than from the perspective of rationality. It is advisable however that Nigeria adopts rationality in its approach on vital foreign policy issues such as the intervention in both Liberia and Sierra Leone because of the economic effect it has on Nigeria’s economy and economic development. On Tuesday, 23rd June, 2009, the Nigerian Senate was debating and subsequently passed a request from the President granting soft loan of $10million to Sao Tome at the critical point of economic downturn. Many Nigerians go to bed hungry, high rate of unemployment and deplorable situation of Nigerian roads. Infrastructural facilities are practically lacking. In this situation, granting of loan to another country cannot be said to be rational but a reflection of Nigeria’s foreign policy objective and personal relationship which is ideological in nature.

It is an indisputable fact that ECOWAS through its military wing – ECOMOG – had once again succeeded in restoring peace to Liberia against all odds. Constitutional or unconstitutional, legal or extralegal, ECOWAS, indeed Nigeria, has gained more recognition in the international system in the area of peace making. But the conviction of this paper is that it is more expedient if not more reasonable to satisfy domestic needs before playing the role of ‘big brother’ in Africa. As the position of country and its relevance in the international system is not measured by how many peace keepings you engage in as a country, but your level of technology development, economic viability, military capability, political stability and visionary leadership as well as focussed and supportive citizenry. In order to achieve this, therefore, there should be internal cleansing through reduction in the level of corruption, zero tolerance to poverty, sincerity of purpose on the part of the leadership, infrastructural development and a vibrant electoral system that guarantees one man one vote as well as respect for individual rights.

References

Abbah, T. (2003) “The Mess Taylor Left Behind”, Punch, April 21.

Ajayi, K. (1998) “Nigeria’s Peace Keeping role in Liberia and Sierra Leone” in Kolawole

(ed) Issues in Nigerian government and Politics. Akure, Steebal Publishers.

Amadu, S. (1992) “ECOMOG and Sub-Regional Security in West Africa” in conflict

Trend, Issues 3.

Buhari, M.(1984) “On Nigerian Foreign Policy, National Interest an ECOWAS”,

Nigerian Journal of International Affairs, , Vol. 110. No.2.

Fawole, W.F. (1999)  Paranoia, Hostility and Defiance: Gen. Sani Abacha and The ‘New’

Nigeria Foreign Policy. Ile-Ife, Obafemi Awolowo University Press Ltd.

Kolawole, D. (1997) Readings in Political science Ibadan, Dekaal Publishers.

Lamido, S. (2000) “Main Thrust of Nigerian Foreign Policy”, National Concord,

February 22.

Nicholas, A. (1988) Dictionary of Sociology. London, Pengium, Stephen H. and Books.

Nwolise, O.B.S (1992) “The Internationalization of the Liberian Crisis and its Effects on

West Africa” in M.A. Vogt etal (eds) The Liberian Crisis and ECOMOG: A Bold

Attempt at Regional Peace Keeping. Gabumo Publishing Co. Ltd.

Obasanjo, O. (2001) Address at the 1999 Annual Patron’s Dinner of the Nigerian institute

of International Affairs, Abuja.

Ojo, O. (1990) “Sponsorship and Memebrship of ECOWAS” in Gabriel, O. and

Akindele, R.A. (eds) The structure and Process of Foreign Policy Making and

Implementation in Nigeria, 1960 – 1990. Ibadan, Ventage Pub. Ltd.,

Osaghae, E.E. (1996) Ethnicity, Class and the Struggle for State Power in Liberia. Dakar,

ODESTRIA.

Rosenau, J.  (1974) Comparing Foreign Policies. New York, john Wiley

Steven, G. K. etal (1998) American Public Policy: The Contemporary Agenda New York.

Houghton Mifflin Company Boston.

Marysville purchases Geddes marina for $1.9 million
MARYSVILLE — After four years of legal wrangling, the city of Marysville purchased Ed and Susan Geddes’ marina for approximately $1.9 million last month.

Litigation Finance Companies

litigation finance companies

Need a Lawsuit Funding Company – Read This First

Applying for lawsuit finance from a lawsuit funding company takes some basic understanding of the principles of lawsuit loans and litigation finance. If you are loooking for an advance on your pending lawsuit, the best place to start is by reviewing a few lawsuit funding companies on the internet and doing some research.

Getting an advance on your pending lawsuit is relatively simple yet it can seem daunting with the number of funding companies in the market. Every plaintiff needs to understand some basic principles of what makes up lawsuit finance and the actual anatomy of a lawsuit loan.

Lawsuit funding companies have become a new and popular way for anyone involved in a personal injury claim to receive cash funds before their actual settlement takes place. These funds can be used to meet expenses and pay day to day bills that often pile up if the plaintiff finds themselves unable to work and earn regular income. A lawsuit funding company is an independent party providing the finance to the plaintiff. This removes the conflict of interest that would arise if their attorney were to lend them the money directly.

A lawsuit finance company advances an amount to the plaintiff which is to be repaid only if the case is settled favorable. Thus it is essentially advanced on a no win, no fee basis. These advances or pre settlement loans are actually not loans in the strict sense as they are advanced on a non recourse basis, meaning that the lawsuit funding company bears all of the risk. There is absolutely no requirement to pay back the amount if the plaintiff’s case does not settle successfully. There are also no monthly repayments or fees to be made before the settlement.

So how do you go about finding a reputable lawsuit funding company to advance you this money? The best place to start is on the internet. Doing a basic search will give you some information on the various companies involved in lawsuit finance. Contacting a company can be done via email or phone.

Once you have found a few companies, ask them directly about their rates and fees. Do not be afraid to negotiate if you have found a better deal elsewhere. Getting the lowest rate is what you are aiming for. any reputable funding company will be open to negotiating with you and remember that the amount to be advanced will be dependent upon the strength of your case. Other factors like your employment history or credit history do not get taken into consideration. The merits of your case are the sole determining factor, as this is where the advanced funds will come from. The funding company will consider the expected settlement and use this to determine how much to fund.

To contact an experienced lawsuit funding company with nationwide locations visit Lawsuit Funding Company

can a finance company share my account information with another person i did not authorize them to?

i had a finance company call people i know when they were trying to contact me, and they told them all of my account info, as far as amount, status etc… i know this company violated some laws when they did i just don’t know what laws, and i’m writing them a letter to war them of my impending litigation

Save your threats – they get threatened every second call and it just shows that they have got to you.

You signed a blanket authorization when you took the loan out, that’s how they can do this.

Litigation Technology Jobs

litigation technology jobs

Job Work: Better Late Than Never

Job Work: Better late than never

Prepared By:

CA Pradeep Jain

Sukhvinder Kaur, LLB

Introduction: –

In this article, we are discussing the issue of eligibility of a jobworker in availing cenvat credit on inputs used by him in the manufacture of goods on jobwork basis. We have already written two articles on this issue. The first titled “Jobwork, Cenvat & Litigation-Good Job for Consultants” is already available on our website www.capradeepjain .com. In this article, we have discussed how the large demands have been created by the department under Rule 6 of Cenvat credit Rules. These huge demands, if confirmed, will lead to closure of the units. We have also discussed the various grounds available to assessee to fight this case. In the last, we came to the conclusion that these demands have created a very good job for consultants.

Thereafter, in second piece namely “Job Work and Reversal: All is well…” we have discussed in depth and told that all the grounds raised by the manufacturer were struck down by Higher forum. The Mumbai High Court decision has created havoc in the minds of the job workers. Later on larger bench decision in case of Sterlite Industries was upheld by the Mumbai High Court and relief was granted to the assessee.

Also, there is latest development on this issue. The Board has also come to rescue the poor manufacturers. There is proposal to amend the Rule 6 retrospectively and allowing thereby the benefit of proportionate reversal since inception of this Rule or even erstwhile Rule 57CC.

Further also, the Board has called the opinions from the field formalities to give their opinion as to amend the Rule 6(5) to provide that there is no need of reversal of Cenvat credit on inputs or input services if these are used in job work. We are throwing light on these latest developments in this article.

Start of the Controversy: -

To begin with, we are once again giving the brief idea about this controversy to the netizens for better understanding. Rule 6 of the Cenvat Credit Rules, 2004 provided that the cenvat credit will not be admissible on the inputs or input services which are used in the manufacture of exempted goods or which are used in providing the exempted services. The Rule 6 ibid also said that if the common inputs are used for manufacture of dutiable and exempted goods and the manufacturer is not able to maintain separate inventory then he has to reverse the cenvat credit at specified rate.

Controversy started in case of a job worker undertaking to manufacture goods on jobwork basis on behalf of the Principal Manufacturer. The jobworker would avail the benefit of Notification No. 214/1986-CE dated 25.03.1986 to remove the goods after processing without payment of duty. The Principal Manufacturer has undertaken the duty liability as per impugned notification and declare that the goods so cleared by the job worker will be further used by him in manufacture of his final products which will be cleared on payment of duty.

The job worker was taking cenvat credit on minor inputs/input services like oil, lubricants, telephone service used by him while manufacturing of goods on jobwork basis, the Department raised objection on availing of credit on the ground that he was clearing exempted job work goods.  The department raised the demand under Rule 6 and asked the job worker was required to pay an amount equivalent to 8%/10% of the sale value of exempted goods/exempted services. This was very harsh action by the department. In one of cases to which authors of this article has come across will show the high handedness of the department. The credit taken on common inputs was only Rs. 30, 000 but the demand raised was around Rs. 65 lakhs. Thus, havoc was created in the industry and especially amongst the jobworkers.

But the relief was granted by the Larger Bench of the Tribunal in case of Sterlite Industries (I) Ltd v/s Commissioner of Central Excise, Pune [2005 (183) ELT 353 (LB)]. The highest Tribunal in cases of Excise and Customs held that credit was admissible on the inputs used by the jobworker in processing goods on the ground that these are not exempted goods and duty was ultimately being paid on the clearance of finished goods. This decision has been given by the larger bench by applying the principles laid down by the Hon’ble Supreme Court in the case of Escorts Ltd. [2004 (171) ELT 145 (SC)]. The department into appeal against the decision of larger bench but the same has been set aside by the High Court of Mumbai. As such the relief was granted to the poor job workers.

New Developments: –

1. Retrospective amendment in Rule 6:-The first development was that this year budget has brought a retrospective amendment under Rule 6 of the Cenvat credit rules. There is provision of proportionate reversal is available under rule 6(3A). It was not available earlier. It is being incorporated since inception. Even it is being incorporated in old rules. Thus, if the manufacturer does the proportionate reversal and gives the certificate of Chartered Accountant then old demands will also be dropped. This is very welcome move by the Board. This will end the unnecessary litigation. It will be applicable not only to job workers but also to the others who are in fact manufacturing exempted and dutiable goods. If they do the proportionate reversal then the demands will be dropped.

But there is problem for the job workers in this scheme. The principal raw material is being supplied by the principal and they are not taking the credit on the same. They are taking the credit on small consumables like oil, lubricants and on small input services like telephone or mobile phones etc. But the reversal formula takes into account the credit taken on all inputs. This will also include the credit on raw material which is manufactured by him on his own account though these are not common inputs for the transaction of job worker. Thus, this amendment is not feasible for the job workers.

1. Proposal to amend rule 6(5):-The Board had vide its letter F. No. 267/12/2010-CX.8, dated 18.02.2010 asked the field formations to inform about the practice followed in respect of clearances by job worker without payment of duty under their jurisdiction. They have also been requested to give their opinion/views on the issue referring the legal provisions, judicial pronouncements etc. They are also required to furnish the details of any SCN/appeal pending on the issue.

The Board has asked for the said information as they have been asked to extend the benefit of Rule 6 (6) of the Cenvat Credit Rules, 2004 for the clearances made by the job worker. The Rule 6(6) reads as follows:-

(6) The provisions of sub-rules (1), (2), (3) and (4) shall not be applicable in case the excisable goods removed without payment of duty are either-

(i) cleared to a unit in a special economic zone or to a developer of a special economic zone for their authorized operations; or

(ii) cleared to a hundred per cent. export-oriented undertaking; or

(iii) cleared to a unit in an Electronic Hardware Technology Park or Software Technology Park; or

(iv) supplied to the United Nations or an international organization for their official use or supplied to projects funded by them, on which exemption of duty is available under notification of the Government of India in the Ministry of Finance (Department of Revenue) No.108/95-Central Excise, dated the 28th August, 1995, number G. S R. 602 (E), dated the 28th August, 1995; or

(v) cleared for export under bond in terms of the provisions of the Central Excise Rules, 2002; or

(vi) gold or silver falling within Chapter 71 of the said First Schedule, arising in the course of manufacture of copper or zinc by smelting; or

(vii) all goods which are exempt from the duties of customs leviable under the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) and the additional duty leviable under section 3 of the said Customs Tariff Act when imported into India and supplied against International Competitive Bidding in terms of notification No. 6/2002-Central Excise dated the 1 st March, 2002 or notification No. 6/2006-Central Excise dated the 1 st March, 2006, as the case may be.

Thus, it provides an exception where the Rule 6 does not apply. Hence, they will include the job work under the same and there will not be any need to reversal and the credit will be available to the job worker. This is very welcome step taken by the Board. This will resolve the complete issue. The only thing we want to say is that the same should be done with retrospective effect as done in case of reversal of Cenvat credit. Otherwise, the field formation will confirm the demands of old periods. Secondly, it should be done at the earliest so that no further demands are being raised.

Furthermore, if it takes time to do this amendment then the Board may ask the departmental adjudication officers to follow the decision of larger bench of tribunal in case of Sterlite Industries which has been upheld by the High Court also. This will resolve the issue at the earliest.

Conclusion:-

Thus, it can be said that this whole controversy is leading towards the happy ending. The department is also willing to resolve the issue. The real proverb applies to this case is “Better late than never”.

However, we would like to add here that approach at Board level has also changed. We have seen the retrospective amendment to give refund of unutilized credit to exporters. Secondly, retrospective amendment for proportionate reversal for manufacturing using common inputs for dutiable and exempted goods. Next example of positive thinking is that the Board has asked views of all commissioners to resolve the issue of job worker.  We shall all appreciate this positive approach of the Board. We also pray to God to continue the same.

*************

Where St. Lucie candidates stand on the issues
Where St. Lucie County candidates stand on the issues.

Litigation Technology News

litigation technology news

Trial Graphics: Wrongful Death: Arctic Rose: TMBA

“Dangerous Waters”

Extreme Evidence

Court TV

3D Animations: TMBA, Inc.

The Bering Strait in Alaska is one of the most dangerous paths in the world. So when the Arctic Rose sank on April 1st, 2001, it seemed that the Strait had simply claimed another victim. But this time, there was one key difference: no one knew why the Arctic Rose had gone down. Somewhere, the Arctic Rose lies beneath these icy waters, the victim of the worst U.S. fishing accident in a half century. The question is, why?

What caused the Seattle-based Arctic Rose fishing vessel to sink with the loss of all 15 hands in the Bering Sea likely will never be known.

But after two years and nine months of an investigation into the worst U.S. commercial fishing disaster in 50 years — which included testimony from experts and previous crew members, scientific analysis and an undersea camera’s inspection of the sunken boat — the Coast Guard yesterday offered its best guess about how it sank.

In a final report that contained 25 corrective recommendations, the Marine Board of Investigation’s most probable scenario echoed a preliminary opinion by a Coast Guard stability expert issued last fall as to the factors in the sinking:

A rough, quartering sea; carelessness in leaving key watertight doors open; a flawed design that allowed water to pour in, progressively flooding the boat. Human error in responding to the emergency probably conspired to capsize the 93-foot trawler in two to three minutes. It sank in four to eight minutes.

“Casualties are seldom caused by a single catastrophic event,” said Capt. Ron Morris, head of the Anchorage, Alaska, marine safety office, who presided over the board.

No mayday was heard, just a lonely signal relayed by satellite triggered as the vessel slipped into the sea. Only the body of the skipper, Dave Rundall, 34, was recovered.

Yesterday, his parents, Lou Ann and David Rundall of West Seattle, were among nine survivors of the dead crew members who heard the findings before they were made public.

“From the first it seemed like it would remain a mystery, and it will,” Lou Ann Rundall said.

“But we all feel better because we appreciate that the Coast Guard has taken so much time and effort to answer everything they could — especially since 9/11 and all they have had to do since then. It was a different world,” Rundall said.

The boat’s owner, David Olney of Arctic Sole Seafoods Inc. of Seattle, whose brother, Mike, was among the 15 who died, could not be reached for comment. In a news release, Arctic Sole Seafoods said it was reviewing the findings and declined comment.

Morris, Cmdr. John Bingaman, Lt. Cmdr. Jim Robertson and a National Transportation Safety Board investigator made up the panel. An NTSB spokeswoman in Washington, D.C., yesterday said the two agencies agreed last fall that the Coast Guard’s report will be the only one.

With no survivors, the report is the Coast Guard’s best guess, based upon scientific analysis and testimony from past crew members and boat builders. It goes like this:

At 3:30 a.m. on April 2, 2001, the Arctic Rose was traveling downwind in a rough “quartering” sea — one coming at the boat from behind at a 45-degree angle — and the roughest kind for the Arctic Rose. The mate likely was on watch in the wheelhouse.

With swells of 20 feet, a wave washed across the trawl deck through the rear watertight hatch carelessly tied open, usually for air or to take smoke breaks. It was seen that way by an underwater robot camera that checked out the wreck in 2001.

As the boat heeled to starboard, someone in the pilothouse, feeling the heel but unaware of the open door, committed a human error. He jogged left, or to port, to right it. This only heeled the boat farther to starboard, letting more water pour in, according to the report. The underwater camera revealed the rudder frozen to its port turning position and deck-gear dangling off the starboard side.

Lt. George Borlase of the Marine Safety Center in Washington, D.C., a stability expert who previewed the report in November in a marine technology magazine, said he’s seen only one other catastrophe that resembles the Arctic Rose’s. On Feb. 8, 1974, the 213-foot long British fishing trawler Gaul disappeared in an Arctic Sea gale off Norway with all 36 crew members.

Rundall said what helps her family is the effort the panel put into the investigation, coming up with recommendations to prevent tragedies.

They include installing watertight doors alarmed with a visual and audible system in the pilothouse; revising fishing vessel construction standards to avoid free-flow of water through a vessel, perhaps by “maze” designs; documenting mandatory drills; requiring high-water alarms in processing spaces; and making the vessel-stability booklet used by naval architects and engineers easier for mariners to understand.

The panel also recommended that the rest of the nation do what Coast Guard inspectors in Seattle and Alaska now do — conduct dockside boardings of fishing vessels prior to high-risk fisheries.

The board sent its recommendations to Rear Adm. T.H. Gilmour. He agreed with most but weakened some, such as removing grandfather provisions exempting some vessels from meeting stability requirements. Gilmour preferred voluntary compliance.

Asked whether he agreed, Morris was diplomatic. “I’m going to have to stick with the party line on this,” he said. “We see movement forward … so I’m pleased.”

The full report and recommendations can be found online at www.uscg.mil/d13/default.htm. Click on “News” and follow links to the report.

Vessel Sinking Cases

Arctic Rose Sinking

Fifteen men lost their lives when the Arctic Rose sank in the Bering Sea in April of 2001. The sinking of the Arctic Rose was one of the worst commercial fishing accidents in the last 100 years, resulting in an extensive United States Coast Guard investigation into the vessel’s loss. Weather at the time of the Arctic Rose sinking was reported to be 45 knot winds, with waves to 24 feet. No mayday message was issued by the vessel, and a deployed EPIRB alerted the Coast of the vessel sinking.

The Arctic Rose was a 92-foot-long head and gut catcher processor. The vessel was originally built in 1988 in Biloxi, Mississippi, and outfitted for fishing shrimp. The Coast Guard was unable to discover any plans for the vessel, and it is unknown as to whether the vessel was originally constructed in accordance with any recognized standards. The vessel was reportedly plagued with engine, shaft, and trawl equipment problems, forcing its owners to file for bankruptcy in 1995. The vessel remained tied up in Seattle for two years. Following a change in ownership, in 1999 the vessel underwent significant structural changes. There were a large number of weights added, removed, and relocated on the Arctic Rose, without new calculations being made to determine if the vessel was safe to operate. The owner did not contact a naval architect to evaluate the effects of the weight changes on the vessel stability.

The Coast Guard casualty investigation found that the Arctic Rose was not in compliance with operating instructions issued by the owner’s naval architects. The Coast Guard located the Arctic Rose on the bottom of the ocean and deployed a remote operated vehicle to videotape the wreckage. The videotape showed the aft starboard door in the processing deck to be open, and the guillotine closure for the starboard discharge chute to be partially open. The Coast Guard investigation concluded the processing space was not watertight, as required by the operating instructions. Additionally, the Coast Guard found the vessel not to be loaded in accordance with the stability guidelines issued by the naval architects. The Coast Guard further found that the Arctic Rose was operating as a fish processing vessel, and was required to be load lined. This would have required the vessel to have a load line issued by a classification society, and have a survey or third party-issued Certificate of Compliance. According to the Coast Guard, head and gut vessels such as the Arctic Rose, are not permitted to engage in fish processing operations without proper documentation and certification.

Maritime wrongful death suits were filed in United States District Court for the Western District of Washington for all 15 of the deceased crewmen. Beard Stacey & Jacobsen LLP represented six of the deceased crewmen, and was appointed by the court to act as one of the lead legal counsel on the claims. The amount of the settlements for the deceased crewmen remains confidential. In the subsequent maritime wrongful death lawsuits filed for the crew of the Arctic Rose, their families claimed the owners of the Arctic Rose were negligent in making alterations and changes to the Arctic Rose without conducting a proper stability analysis. The families further claimed the crew of the Arctic Rose was inexperienced and lacked proper training. Few of the crewmen had prior fishing experience, and had limited training on abandon ship and survival training. Notably, three of the crewmen were foreign nationals from Mexico, working under assumed names. Damages recovered for the deceased crewmen’s families included damages for pre-death pain and suffering, loss of economic support, loss of care, nurture and guidance, and funeral and memorial expenses. Beneficiaries of the wrongful death and survival actions under federal maritime law included the spouses, children, parents, and dependent relatives of the deceased crewmen.

Like the sinking of the Aleutian Enterprise in 1990, the sinking of the Arctic Rose emphasizes the importance of protecting against progressive down flooding, by keeping closed all doors and openings to compartments designed to be watertight. Furthermore, strict adherence to stability instructions and frequent consultation with qualified marine architects is necessary when making structural changes to fishing vessels. Tragedy can strike in moments if safety precautions are not followed on a vessel. According to calculations performed by the Coast Guard, the Arctic Rose would a have sank in less than two minutes, assuming progressive down flooding through the improperly left open aft doorway to the processing area.

The sinkings of the Aleutian Enterprise and the Arctic Rose were a major factor in revisions and additions to the Fishing Vessel Safety Act, 46 CFR Sec. 28. The Fishing Vessel Safety Act requires stability analysis to be performed when major structural and weight changes are made that may impact a vessel’s stability. The Fishing Vessel Safety Act also requires alarms to prevent against down flooding of certain compartments and holds, and for check valves to be installed in vessel piping. Importantly, the Fishing Vessel Safety Act also requires that crew aboard commercial fishing vessels conduct regular safety training and drills, such as donning emersion suits and abandoning ship, and that vessels have basic safety equipment such as emersion suits, life rafts, and EPIRBs.

Beard Stacey & Jacobsen, LLP

Resources:

http://www.tmba.tv/trial-graphics/trial-graphics-wrongful-death-arctic-rose/

http://www.atsealawyer.com/CM/CaseHistories/CaseHistories10.asp

http://www.seattlepi.com/local/155952_rose09.html

http://web.archive.org/web/20051207030913/www.courttv.com/onair/shows/extreme_evidence/episodes/115.html

Acacia Subsidiary Enters into Agreement with Seagate Technology
NEWPORT BEACH, Calif.–(BUSINESS WIRE)–Acacia Research Corporation (Nasdaq: ACTG) announced today that its subsidiary, Video Enhancement Solutions LLC has entered into a settlement agreement with Seagate Technology LLC. This agreement resolves patent litigation, Civil Action Case No. 2:10-CV-4370 GW (PJWx), pending in the United States District Court for the Central District of California …

Litigation Technology

litigation technology

Wireless Lighting Control IP & Litigation

Wireless Lighting Control IP & Litigation – A WTRS Report

Home automation has been on the verge of mass adoption for several decades. One of the reasons that it has not grown substantially as a market lies with the IP protection activities of Luton Electronics. This report analyzes the effect of litigation activities and IP protection strategies on the adoption of RF-only home control, or residential wireless control network, technologies. The report also documents the issues surrounding patent protection activities of key players in this market. ( http://www.bharatbook.com/detail.asp?id=129377&rt=Wireless-Lighting-Control-IP-Litigation-A-WTRS-Report.html )

Today penetration of wireless into home automation technologies consist predominantly of a series of parallel and independent networks that control lighting, appliances, HVAC (heating, ventilation, and air conditioning), entertainment systems, communication systems, data systems, and security systems. This new report evaluates intellectual property ownership, protection strategies and the impact on the market growth for Wireless Lighting Control technologies.

The wireless technologies in play in the home automation market include Lutron’s RadioRA, Smarthome’s INSTEON, ZigBee/802.15.4, Bluetooth, Z-Wave, Wi-Fi, and 433MHz short-range proprietary technologies. ZigBee, 802.15.4, and INSTEON predominantly take on lighting and appliance control functions but are also found in or applicable to audio/visual, security, landscaping, healthcare, and other applications. Bluetooth offers a link to the outside world (Internet) for computers as it is extended to higher data rates and in this sense can compete with Wi-Fi in some cases. Products based on the predominantly proprietary 433MHz wireless technology is generally used in garage door openers and home security systems that have in the past also had limited control over lighting systems.

The typical inhibitors of the adoption of home automation technologies are usually identified as low reliability, high cost, difficult installation and use, as well as the absence of an easily identifiable end customer value proposition. A previously unidentified risk to technology adoption is the control of key intellectual property assets covering wireless solutions by Luton Electronics. Luton Electronics has a history of both licensing its intellectual property as well as successfully litigating those who infringe on patents. The risk to companies developing products in this market lies in overlooking potential issues from existing prior art owned by Lutron.
 

To know more and to buy a copy of your report feel free to visit : http://www.bharatbook.com/detail.asp?id=129377&rt=Wireless-Lighting-Control-IP-Litigation-A-WTRS-Report.html

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Valence Technology Receives $13 Million Battery Order from Smith Electric Vehicles U.S.
AUSTIN, Texas—-Valence Technology, Inc. , a leading U.S. based global manufacturer of advanced energy storage solutions, today announced a purchase order from Smith Electric Vehicles U.S. to deliver $13 million of energy storage modules for Smith’s line of all electric commercial trucks through the remainder of 2010.

Litigation Edge

litigation edge

Non-compete Contracts as a Tool for Protecting Competitive Edge

We live in a highly competitive world where highly paid executives and business persons have easy access to trade, market, and consumer information. Unlike before, these executives and other employees are highly mobile, with the ability to easily move between firms, markets,and even competitors. The problem for the companies who operate within these markets is the danger that this mobility poses to their efforts to best their competition – a danger that can often be minimized through non-compete agreements. As of late, Michigan courts and the Michigan legislature have tried to deal with the realities of our 21rst century marketplace in dealing with the enforceability of non-compete agreements, and have expanded upon the rights of companies to utilize such agreements.

In Michigan, the validity of non-compete agreements is governed by section 4a of the Michigan Antitrust Reform Act, a statute passed by the Legislature in 1987, as well as the many cases interpreting that statute. Together, the statute and the case law set forth the parameters defining those agreements that are enforceable and those that are not. The statute seeks to strike a compromise between the protection of an employer’s competitive business interests and an employee’s right to earn a living. As such, courts interpreting non-compete agreements focus their analysis in four areas:

* The agreement must protect a company’s reasonable competitive business interest. Among the factors in determining whether the agreement protects a reasonable competitive business interest are the employee’s position in the company, compensation paid to that employee and the level and amount of specific competitive information acquired during employment, which may include such areas as trade secrets or special training conferred on the employee.

* The agreement must be reasonable as to the length of time the employee is prohibited from working in the line of business. Again, each case is ‘fact sepcific’ and numerous factors are analyzed in determine what is a reasonable length fort non-compete contract.

* The agreement must be reasonable as to the geographic area the employer seeks to prevent the employee from working in. While the employee’s immediate area of employment would most likely be upheld as a reasonable territorial restriction, wider restrictions require a greater showing that the agreement seeks to protect the employer’s reasonable competitive business interest.

* The agreement’s restrictions on the type of employment or line of business must be reasonable. Courts will look less favorably on deliberately vague, over-reaching or “blanket” agreements.

The enforcement of con-compete contracts in Michigan courts mainly occur on a case-by-case basis, with remedies that include the issuing of restraining orders or injunctions and the awarding of monetary damages.

To businesses who may be interested in utilizing non-compete agreements, it is important to note that even if one condition of a non-compete agreement is deemed unenforceable, it does not void the remainder of the agreement – leaving the rest of the contract valid and enforceable. Businesses of all types, especially those with multi-state operations, must also understand that the rules for non-compete agreements vary from state to state. What’s enforceable in Michigan may not be in one of our neighbor states. Moreover, in order to effectively face a dispute arising from a non-compete agreement, employers should not delay in acting on known breaches of such agreements. The longer an employer delays between the discovery of unlawful competition and pursuit of a legal remedy, the weaker becomes the employer’s request for injunctive relief.

Like any contract, non-compete agreements define the expectations of each party and are subject to negotiations, depending upon the bargaining strength of the parties. Employers should have legal counsel help draft these agreements to ensure that they meet the employer’s expectations and are enforceable. Employees, on the other hand, should review such agreements carefully to ensure that they understand the restrictions on future employment should they ever leave the company.

Also, be sure to remind those leaving your company of their legal obligations during any exit interview. In this way, employers will strike a favorable, yet serious business tone, while best ensuring that any non-compete agreement can be enforced, should the need arise. In an instance in which a breach is realized, a threat letter is usually the first step to ensure the parties abide by non-compete terms and avoid litigation.

Has anyone in NJ experienced a full blown custody trial and what was the outcome?

My husband filed for divorce in 3/2007 and we are undergoing trial at this time. He is seeking sole custody of our 3 children; I have requested joint legal with primary custody with me. I have been accused of alcoholism, drug addiction, child abuse and neglect. Litigation thus far has put me $268,000 into debt to keep my children. He has involved DYFS and the police multiple times. All allegations once investigated have been unfounded. I am the mother and have been my 3 childrens’ primary caretaker and nurterer for 14 years. My 14 teenager has told the Judge he wishes to reside with me. My husband’s motive is purely revenge and he has a tremendous financial edge. When the children are with me, they are with me only. When they are with him, they are pawned off to multiple caretakers because my husband’s job requires long hours and travel. Please share your experiences. Thank you

When my ex and I were in the process of divorcing we had a conversation that went something like this:

Him: I’m taking the kids and driving off with them.
Me: Over my dead body will you take my kids! I’ll burn your damn house down and flatten all your damn tires!!!!
Him: Knowing you, you would.
Me: Damn right I will! Do you dare me? Dare me, c’mon, dare me.
Him: Errr…well…no I don’t dare you. I was just talking and didn’t mean it. I gotta….I gotta….I just remembered I need to do something and I gotta go now.
Me: Then get the f–k out, there’s the door.
And that was the end of that conversation and my kids stayed right there with me.

Metal Storm Awarded Contract Volume Weapons Production Brisbane, Australia – (Marketwire – August 3, 2010) – Metal Storm Limited (ASX: MST) (PINKSHEETS: MTSXY).

Litigation Notes

litigation notes
Accounting Now!! Liability Transactions…Help!!!?

First Question Is, What Would Be The Entry For This Problem:
Dec. 1 Purchased office equipment from Valley Equipment Co. for $40,000, paying $10,000 and issuing a series of ten 6% notes for $3,000 each, coming due at 30-day intervals.

December 1:
(Dr) Equipment $40000
(Cr) Cash $10000
(Cr) Notes Payable $30000
You need not to compute the present value of annuity because the note is interest-bearing.

December 17:
(Dr) Loss in Litigation Claims $56000
(Cr) Litigation Claims Payable $56000

December 31:
(Dr) Notes Payable $3000
(Dr) Interest Expense $15
(Cr) Cash $30015

Interest Expense = $3000 x 6% x 1month/12months

Ocala Real Estate Litigation Attorneys Florida Lawyers

Kentucky Auto Accident Litigation Terms Defined

How Long is the Statute of Limitations in Kentucky?

You only have a certain amount of time to settle your case or file a lawsuit. In Kentucky this time is two (2) years from the date of the accident or two (2) years from the date of the last medical no-fault payment is made not to exceed four (4) years. This deadline is called the “Statute of Limitations”. Is your head spinning? As you can tell determining the statute of limitations is very technical. Either contact an attorney or play it safe and file within two years. (Note the Statute of Limitations for most other personal injury cases in Kentucky is one year. Always consult an attorney to determine this. Don’t take a chance.) It even gets a little more confusing and there are some exceptions depending on whether you have opted out of the Kentucky No-fault Statute. 99% of people have not done this and I am not going to go into this very complicated area here.

Summons or Complaint

To start a lawsuit, papers must be filed in Circuit Court and a filing fee paid. The legal names for these papers are a “Summons” and “Complaint”. When a person files a lawsuit he or she is called the “Plaintiff”. The person or corporation that is being sued is called the “Defendant”. The Plaintiff must personally serve (deliver) a copy of the Summons and Complaint on the Defendant. This can be done by certified mail, by sheriff or by a special bailiff.

Discovery

Once a lawsuit is filed and the Defendant is served the Court sets deadlines, including discovery and a trial date. These deadlines, and in particular a trial date, can help move your case toward a settlement. Additionally, both sides participate in a process of asking for and exchanging information about the case. This process is called “discovery”. Each side is allowed to investigate and find out what evidence and witnesses may be used at trial by the other side. The discovery process usually includes sending or answering written questions, called Interrogatories, and Requests for Documents. The Defendant’s attorney will also be allowed to access your medical records and work history. This may include your financial records.

Depositions

The discovery process also includes depositions. A deposition is a face-to-face meeting where the attorneys are allowed to ask a witness questions under oath while a court reporter transcribes every word. Sometimes depositions are taken by video. Any witness that may offer testimony at trial can be deposed, including you, your doctors, your friends, your family and the Defendant. If your deposition is requested, it is very important that you prepare for it with your attorney. Your conduct at the deposition will influence the value assigned to your case and affect whether the case will settle before trial.

Independent Medical Exam

When a lawsuit involves a claim for personal injuries, the Defendant is usually permitted to have a doctor of their choice examine you. This is called an Independent Medical Examination (IME). The independent does not mean that the opinion is unbiased. The doctor is hired by the insurance company. It only means that the examination is independent of the doctor patient relationship.

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Litigation Risk Solutions

litigation risk solutions

Lawsuit Financing: Your New Solution to an Old Problem

Are you an attorney or a plaintiff involved in a lawsuit and need more money to continue your case? Lawsuit financing may be the way to go. Since this service has only been available for a few years now, most attorneys and hardly any individuals are aware they can receive a cash advance for pending lawsuits.

What Is Lawsuit Financing? In a nutshell, a funding company will provide a cash advance to a plaintiff in a lawsuit against the favorable outcome of the case. Lawsuit financing – often referred as lawsuit loans, litigation financing, and legal finance – is a somewhat new segment of the cash flow industry…but, it is growing at warp speed.

Based upon the strength of the lawsuit, the lawsuit funding company will provide an advance (normally, in the range of 10-15 percent) on the amount of money the plaintiff is expected to receive, should he win his case. This advance is non-recourse. This means, that should the plaintiff not win the case, he does not owe the funding company any money in return. Lawsuit financing is not a typical loan because the money does not have to be paid back, unless the case is won or settled.

Why Lawsuit Financing? It levels the lawsuit playing field. Typically, lawsuit defendants (insurance companies, manufacturers, banks, etc) have a great deal of money. The plaintiffs are normally average, every-day citizens. These large companies tend to string the process out, hoping that the plaintiff will run out of money and quickly settle the case for a small sum of money.

Take for instance, auto accidents and slip and fall cases. These cases account for more than 3 million injuries each year in the US. Many result in job loss, severe injuries, paralysis, and head traumas; some are permanent and irreversible. Many require continual, expensive medical care – the cost of which will easily bankrupt many families. This is where lawsuit financing comes to the rescue.

A lawsuit cash advance will allow the plaintiff to pay his or her medical bills, mortgage payments, and other household bills. The problem is: Most lawsuit plaintiffs do not know they can get lawsuit financing. They can qualify for funding, ranging from $250 to over $1M for an individual case and up to $10M for a commercial case.

How Does Lawsuit Financing Works? It’s very simple: The plaintiff fills out an application and submits it to the lawsuit funding company. The company contacts the plaintiff and his lawyer and asks background questions about the case. The funding company sends the plaintiff a contract, the plaintiff signs and the company transfers the money into the plaintiff’s bank account or overnights the funds directly to the plaintiff (whichever the plaintiff chooses).

Advantages of Lawsuit Financing. Lawsuit funding offers many advantages: it is confidential, prompt and discreet; there is no risk to the borrower; applications are free, and without obligation; there are no upfront fees, nor any processing or monthly fees; there are no credit or employment checks; bad credit – even no credit – is okay; the underwriting process is quick; a client can have money in hand the very same day; funds can be for any purpose; plaintiff pays back the advance, only if he or she wins; if the client loses the case, he or she owes nothing; all information is kept confidential; you do not need your attorney’s approval; and its available for all types of civil and commercial lawsuits.

Who is eligible for Lawsuit financing? If you are involved in any type of lawsuit, such as: personal injury, product liability, auto accident, patent infringement, malpractice (medical, legal, and construction), employment discrimination, fraud, breach of contract, Mesothelioma, negligence, workers compensation, class action, civil rights, whistle blower (qui tam), workers compensation (most states), wrongful death, commercial litigation etc.; and you are represented by an attorney, you may qualify.

Spread the word! You can get lawsuit financing against your lawsuit. If you have a friend, family member or business associate going through a lawsuit, let them know about this new service.

Nice reports second quarter 2010 results, 21% achieved the previous year compared Growth in Revenue, Record Sales and Backlog NICE Systems, a leading global supplier of intent-based solutions to companies and organizations to provide security to extract Insight from Interactions, transactions, and monitor Business Performance Drive, reduce risks and ensure the security, today announced results for its second quarter ended 30 June 2010.